LAWS(GAU)-2012-3-100

SHRI RAKESH G MOMIN S/O SUNIL N SANGMA, R/O KU SIMKOLGRE, WILLIAMNAGAR, EAST GARO HILLS, MEGHALAYA Vs. THE STATE OF MEGHALAYA REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF MEGHALAYA, SUPPLY DEPARTMENT, MEGHALAYA, SHILLONG,

Decided On March 02, 2012
Shri Rakesh G Momin S/O Sunil N Sangma, R/O Ku Simkolgre, Williamnagar, East Garo Hills, Meghalaya Appellant
V/S
The State Of Meghalaya Represented By The Commissioner And Secretary To The Government Of Meghalaya, Supply Department, Meghalaya, Shillong, Respondents

JUDGEMENT

(1.) BY this petition as filed under Article 226 of the Constitution of India, the petitioner has challenged the order of cancellation of his SK Oil Licence issued under Memorandum No.EGH/SUP.39/2010/1 -A dated 24.8.2010 (Annexure XIV) by the Deputy Commissioner(Supply), Williamnagar, and also prayed for a direction for renewal of his licence from the year 2010 onwards. The petitioner had also approached this Court previously by filing a writ petition being WP(C) No.(SH)22 of 2009 challenging the order dated 21.12.2009. The operative part of the said order dated 21.12.2009 is reproduced hereunder:

(2.) IN the previous writ petition the challenge was fundamentally based on non -affording of opportunity before issuance of the said order of cancellation. This Court on consideration of the materials disposed the writ petition by order dated 9.4.2010 holding inter -alia:

(3.) IN response to those communications under a covering note dated 15.7.2010, the petitioner produced all the documents as asked for by the said Deputy Commissioner and the said forwarding report dated 15.7.2010 is available at Annexure IX to the writ petition. In addition thereto the petitioner made a representation to the said Deputy Commissioner (Supply) on 16.7.2010, projecting his case in a brief manner and the said representation dated 16.7.2010 is available at Annexure XI to the writ petition. Thereafter, the petitioner was served with a notice to appear before the said Deputy Commissioner (Supply) on 23.7.2010 along with documents as mentioned in the communication dated 15.7.2010. After the purported hearing, the said Deputy Commissioner (Supply) by order under No. EGH/SUP.39/2010/1 -A dated 24.8.2010, returned the following finding at paragraph 4 of the said order, which is reproduced for elucidation hereunder: